Surrogate Records, Uri Clark

Surrogate Records, Uri Clark

WILL BOOK J, PAGE 473-475At a Surrogate's Court, held for the County of Tompkins, at the County Judge of the said County, in the Village of Ithaca,on the 11th day of August in the year 1868. Present, M. Van Valkenburgh, County Judge. An Instrument purporting to be the last Will and Testament of Uri Clark bearing the date the 1st day of September in the year 1856 was produced in court, and shown to each of the persons sworn as witnesses, as hereinafter mentioned.

Washington Evarts of the town of Danby in the county of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above mentioned Uri Clark deceased, in his life-time; that he saw the said Uri Clark deceased, subscribe at the end thereof the instrument now shown to this deponent, purporting to be the last Will and Testament of the said Uri Clark and above described; that he heard the said Uri Clark declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said Uri Clark, that the said Uri Clark was at the time, in the opinion and belief of this deponent, of sound mind and memory, and not under any restraint; and that he was about 87 years of age; that he died on or about the 30 day of April in the year 1868, and was a resident of the town of Danby in the county of Tompkins at the time of his death. Washington Evarts. Sworn and examined before me. M. Van Valkenburgh, Surrogate.

Lot S. Hinds of the town of Danby in the county of Tompkins . . . (repeat of above)

Which said last Will and Testament is in the words and figures following to -wit:

The last will and testament of Uri Clark of the town of Danby in the county of Tompkins as follows: First, I give and bequeath to Harriet N. Griswold, my granddaughter-wife of Clayton Griswold the sum of $134. Second. I give and bequeath to my granddaughter Eliza Wright, wife of Luther Wright the sum of $134. Third. I give and bequeath to my grandson Uri Clark son of Birdsey Clark the sum of $100.00. Fourth. I give and bequeath to Adelia Clark widow of John H. Clark the sum of $50.00. Fifth. I give and bequeath to my daughters-Clarissa A. Boardman, Laura Jennings and Mariah Knapp and to my son Thomas M. Clark, each the sum of $258.00. Sixth. I give and bequeath to my wife Hannah Clark the interest on the principal sum of $558.00, and also so much of the said principal sum as shall be necessary for her comfortable maintenance during her natural life in additon to the sum above named. Seventh. I give devise and bequeath the residue of my estate real and personal to be divided among the persons herein before named as legatees in the same proportion as above and should my estate be insufficient to pay all the above legacies in full, then the share of each shall abate in the same proportion. Eight. I hereby appoint my son-in-law Lemuel Jennings sole executor of this Will hereby revoking all former wills by me made. In witness whereof I hereunto set my hand and seal this. Uri Clark. L.S. Danby, September 1st 1856. Subscribed by Uri Clark the testator named in the foregoing Will in our presence and at the time of making such subscriptions declared by the testator to be his last will and testament, and such of us signs his name as a witness at the end of the will at the request of the testator and in his presence. Washington E. Evarts, Lot S. Hinds, Town of Danby, Co.Tompkins.

I certify the foregoing to be a true record of the last will and Testament of Uri Clark, late of the town of Danby in the county of Tompkins and of the original proofs relating hereto. M. Van Valkenburgh, Surrogate.

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Pages ?PETITION FOR PROBATE? OF WILLTo the Surrogate of the County of Tompkins. The Petition of Lemuel Jennings of the town of Danby in th county of Tompkin's respectfully showeth: That Uri Clark late of the town of Danby in the said County of Tompkins deceased, died in the said town of Danby on or about the 21st day of April in the year of our Lord one thousand eight hundred and sixty eight being at that time an inhabitant of theCounty of Tompkins that he died, leaving a last Will and Testament, which is now produced in the Surrogate's court of the said County of Tompkins before the said Surrogate, which bears date the first day of September in the year of our Lord one thousand eight hundred and fifty six and by which said last Will and Testament the said deceased nominated and appointed Lemuel Jennings executor thereof; the the said deceased died possessed of Real and personal estate in teh said county of Tompkins and that the following named persons are all the heirs at law and next of kin of the said deceased, and their respective ages and places of residence are as follows, viz.: Mariah Knapp, daughter of decd.; Adelia Clark,daughter in law of decd.; Louisa Pugsley, granddaughter of decd. and widow; Hanna Jennings, Mary Jennings, granddaughters; all of full age and reside in Danby, Tompkins Co., NY; Lottie Jennings, Jesse Jennings, granddaughter and grandson of decd. both infants reside with petitioner at Danby, Tompkins Co., NY; Birdsey Clark, son of decd.; Uri Clark, grandson of decd.; Eliza C. Wright granddaughter of decd.; all of full age and residing in Ithaca, Tompkins Co.,NY; Frank Beers, Ellen Beers and Clara Beers, great grandson great granddaughters of the decd., all of whom are infants reside with their mother Mary Beers, a widow, their general guardian, reside at Owego,Tioga Co., NY. Thomas M. Clark, son of decd. of full age, to No. 151 South Street, New York City, NY. Harriet Griswold granddaughter of decd., Southport, Chemung Co., NY of full age. Hannah Clark, widow of decd. of full age of Danby, Tompkins County, NY. Fannie Jennings, granddaughter of decd.of full age of Danby, Tompkins, NY. Your petitioner further showeth that he is desirous of having the said Will and Testament admitted to probate, and of having letters testamentary granted thereon, and also of having the said Will proved and recorded according to law as a Will of Real and personal ; and therefore prays that the same may be so proved and recorded as aforesaid, and that all such process and proceedings may be had and taken thereon for that purpose, as are just and proper, and as the law may require. And your petitioner will ever pray, and &c.Dated July 9th 1868 Lemuel Jennings.-----------------------------------------------------------PETITION FOR FINAL SETTLEMENT (There were two pages of the same document but with different dates. For some reason there were several errors on the first page in regards as to who were heirs to Uri Clark. The heirs were written down once, some specific names were scratched out, and then the whole section was scratched out. Then the list was made again below the scratched out names. This did not seem to satisfy the court as another draft was made with corrections and added information. In the time between the Will being written, the Will being recorded and then final settlement, there were several deaths, and a couple of marriages that affected the list of heirs. Instead of repeating the whole document, I have only listed the heirs and their ages and residences from the second page and final draft).

(First Page)To the Surrogate of the County of Tompkins: The Petition of Lemuel Jennings, of Danby, Tompkins County, New York, Executor of the last Will and Testament of Uri Clark late of the town of Danby in the County of Tompkins deceased, respectfully Showeth, That on or about the day of 18 ,your petitioner was duly appointed by the Surrogate of the County of Tompkins (by letters granted and issued for that purpose), sole executor of the last Will and Testament of the said deceased, and tok upon himself the burden and office therof; and that more than eighteen montths having elapsed since the appointment of your Petitioner as aforesaid, and the issuing of letters as aforesaid, That he is desirous of rendering an account of his proceedings in the aministration of the estate of the said deceased, and of having such accounts finally settled, and a decree of such final settlement entered thereon, according to law; [that the creditors of the said deceased having been paid, according to the best knowledge and belief of your Petitioner after due notice hand been published in the Ithaca Journal according to the statute in such can made and provided. That the heirs at law and legatees under the said will of the said deceased, with their respective ages and places of residences are as follows, viz: (Following first is a list that has been marked over, then a second list to replace that) Mariah Knapp, Adelia Clark of Danby, NY. Angeline Beers, Louisa Pugsley (marked out), Hannah Jennings of Danby, NY. Mary Jennings (Jennings marked out) Willets of Ithaca, NY. Lottie Jennings, Beardsley Clark (marked out), Uri Clark, Eliza C. Wright, Frank Beers, Clara (marked out) Beers, Thomas M. Clark, Harriet Griswold, Hannah Clark, Fanny Jennings. (Second List): Uria Clark, Eliza C. Wright, Angeline Beers, Elizabeth Hoyt of Ithaca, Tompkins County, NY. Maria Knapp, Adeline Clark, Fanny Jennings, Hannah Jennings, Lottie Jennings, Louise Pugsley, and Mary Willets of Danby, NY. Thomas M. Black (should be Clark) of New York City. Harriet Griswold of Elmira, NY and Frank Beers of Owego, NY. Helen J. Storm and Clara J. Beers infants under 21 years of age. George Storm their general guardian and Jesse Jennings, infant and Lemuel Jennings his father and next friend the infants Helen J. Storm and Clara J. Beers reside in Owego, NY and Jesse Jennings in Danby, NY with his father, the said Lemuel Jennings. Your Petitioner therefore prays that his said account may be rendered and finally settled as aforesaid; that a citation may be issued for that purpose by the said Surrogate, and that all such process and proceedings may be had and taken in the premises as are just and proper, and the law may require. And your Petitioner will pay, &c. Dated Ithaca, February 8th 1875Lemuel Jennings.

(Final draft of Petition for Final Settlement)

Heirs of law and next of kin . . . viz:Helen J. Storm and Clara J. Beers infants over 14 years of age- Eliza C. Wright, Angeline Beers and Uri Clark, granddaughters and grandson of deceased residing at Ithaca, NY. Harriet Griswold granddaughter residing at Southport, Chemung County, NY. Adelia Clark, daughter-in-law. Maria C. Knapp, daughter, Fannie Jennings, Hannah Jennings, Mary J. Willets and Lottie Jennings granddaughters of the deceased residing in Danby, Tompkins County, NY. Said infant Jesse Jennings residing with his father at Danby, NY and Helen J. Storm and Clara J. Beers and Frank Beers, infants having a general guardian named George Storm, all of whom reside in the town of Owego, Tioga County, NY. Dated 27 March 1875. Lemuel Jennings------------------------------------------------------------------------

In the matter of the final accounting of Lemuel Jennings executor of the Last Will and Testament of Uri Clark deceased. At a Surrogate's Court held in and for the County of Tompkins, at the Surrogate's office in the village of Ithaca on the 10th day of April A.D. 1875. Present Hon. Marcus Lyon, Surrogate.

Lemuel Jennings, the executor of the last will and testament of Uri Clark, late of Danby, Tompkins County, New York having heretofore presented an application to the Surrogate of Tompkins County for the final settlement of his accounts as such executor and more than eighteen months having elapsed since letters testamentary were issued to said executor the surrogate having thereupon issued a citation directed to all persons interested in the estate of said decd requiring them to be and appear in this court on the 29th day of March at 10 a.m. last and attend such final settlement, and the paid citation having been returned with due proof of service on all parties in interest continued to this day and the said executor having appeared in person by H.D. Donnelly Esq., his attorney, and the surrogate having appointed Samuel H. Wilcox of Ithaca NY the special guardian of Helen J. STORM, Clara J. BEERS and Jesse JENNINGS & Frank BEERS heirs at law and next of kin under said last will and testament of Uri Clark, deceased, for the sole purpose of appearing for and taking care of their interests on this accounting, and the said executor having filed his account of proceeding with the vouchers in support thereof. And after due examination thereupon, it is oredered , adjudged and decreed that the account of said executor be, and the same are hereby finally settled and account as filed and adjusted. The surrogate makes and records the following summary statement of the accounts of the said executor, as finally settled and allowed, filed and adjusted: The whole amount of the Inventory, as mentioned in the said account is ... $1797.10. The increase of said Inventory is ...$458.40. Making the total amount of assets . . . $2255.50. From this there is deducted ... Amount of loss on items in inventory as shown by schedule "B" ... $130.66. Amount of claims againest estate as shown by schedule "D" ... $425.00. amount of expenses of funeral and administration &c. Schedule C ... $625.32. Leaving a balance as settled of $1074.52. The sum of $1074.52 being in said executors hands for distribution, it is ordered that he pay out paid sum as follows:to Harriet GRISWOLD $93.86

Eliza WRIGHT $93.86

Uri Clark $70.05

Adelia Clark $35.02

Maria Knapp $195.43

Thos. M. Clark $195.43

Frank Beers $32.57

Angeline Beers $97.71

Fannie Jennings $39.08

Hannah Jennings $39.08

Lottie Jennings $39.08

Mary J. Willets $39.08

George Storm as the general guardian of Helen J. Storm $32.57

" " " " " " " Clara J. Beers $32.57

The general guardian of Jesse Jennings $39.08

Schedule "F" by Lemuel JenningsContains the names of all persons entitled as widow, legatee or next of kin of the deceased, to a share of his estate with their places of residence, degree of relationship and a statement of which of them are minors, and whether they have any general guardian, and if so, their names and places of residence.Jesse Jennings, a minor over 14 years old and residing with his father Lemuel Jennings in Danby, Tompkins Co., NY. Helen J. Storm, an infant over 14 years and residing with her husband at Owego, NY who is her genearl guardian, appointed by the court and named George Storm. Clara Beers are over infant over 14 years, residing with her brother Frank Beers at Owego New York and having a general guardian named George Storm also residing in Owego, NY. Eliza C. Wright, granddaughter, residing in Ithaca, NY. Harriet N. Griswold, granddaughter, residing in Southport, NY. Adelia Clark, daughter in law residing in Danby, NY. Thomas M. Clark, son, residing in Brooklyn,NY. Maria C. Knapp, daughter, residing in Danby, NY. Fannie Jennings, granddaughter, residing in Danby, NY. Hannah Jennings, granddaughter, residing in Danby, NY. Mary J. Willets, granddaughter residing in Danby, NY. Lottie Jennings, granddaughter, residing in Danby, NY. Angeline Beers, granddaughter, residing in Ithaca, NY. Uri Clark, son, residing in Ithaca, NY.